Also known as: larceny by fraud · larceny by deception · theft by deception · larceny by trick · false pretenses
Written by attorneys · grounded in primary & secondary sources — see below
A form of common law larceny in which the defendant obtains possession or custody of another's personal property by means of a misrepresentation that renders the victim's consent invalid. The misrepresentation must induce the victim to part with possession rather than title, and the defendant must intend to deprive the owner permanently.
Lena told the startup founders that her former employer had already assigned her rights to a nearly identical codebase. Relying on that statement, the founders executed documents transferring full ownership of their software tool to Lena. Because the founders intended to convey title rather than mere custody, Lena obtained the property by false pretenses rather than larceny by fraud and deception.
Everett told Katie that electronics were unclaimed overages with a foreign buyer already in escrow. Katie agreed to store the crates in her warehouse pending resale. Because Katie intended only temporary custody for storage and not a transfer of title, Everett obtained the goods through larceny by fraud and deception.
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Leo showed retiree Marta charts claiming guaranteed returns and government insurance that he knew did not exist. Marta transferred her savings into the fund. Because Marta intended only to place the money under Leo's management rather than convey title outright, the transfer constituted larceny by fraud and deception.
Marco told Lena that a title company had already issued a clean report on her apartment building. Relying on the statement, Lena allowed Marco to take possession for management purposes. Because Lena intended only custody and not a deed transfer, Marco obtained the property through larceny by fraud and deception.
Marcos told client Helen Lee that a bank had already confirmed his fund's prior outperformance with similar bonds. Lee transferred her bonds into the fund for Marcos to manage. Because Lee intended only temporary custody rather than outright title transfer, the acquisition occurred by larceny by fraud and deception.
Mary diverted containers to Everett after altering manifests. Everett accepted possession and stored the electronics while arranging resale. Because the original owner intended only temporary custody during shipment and not a title transfer, Everett obtained the goods through larceny by fraud and deception.
Larceny by fraud and deception, also called larceny by trick, occurs when the victim intends to convey only possession or custody. False pretenses requires that the victim intend to transfer title. Courts look to the interest the victim meant to pass when deciding which offense applies.
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No. The victim's consent is treated as invalid when obtained by misrepresentation. The taking remains trespassory, and the defendant is liable even though the victim appeared to act voluntarily.
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The core requirement is a misrepresentation that invalidates consent to possession. While false pretenses traditionally demands a past or existing fact, larceny by trick focuses on whether the misrepresentation induced the victim to surrender custody rather than title.
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The offense becomes false pretenses rather than larceny by fraud and deception. Execution of a deed or similar instrument shows intent to pass title, so the proper charge is false pretenses.
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…shaped the common law as to “trespass” or “taking.” Bishop, Criminal Law (9th ed.) Vol. 2, §§ 760, 799, et seq. There may be larceny by fraud rather than embezzlement even where the owner of the personal property delivers it to the defendant, if the latter has at that time “a fraudulent intention to make use of the possession as…